• Terms of Use

    TERMS AND CONDITIONS AND PRIVACY POLICY

    By using ToughComp.com you acknowledge that you agree to and are subject to the following terms and conditions.  If you do not fully agree to these Terms, you may not access or otherwise use the site. These terms constitute a legally binding agreement between you and First Fidelity Brokerage, Inc.

    ToughComp.COM IS A WEBSITE OF FIRST FIDELITY BROKERAGE, INC. (“COMPANY”), AN INSURANCE BROKER.

    BY CLICKING “SUBMIT” AND SEEKING A QUOTE REQUEST, YOU AUTHORIZE AND AGREE THAT WE MAY SHARE THE INFORMATION YOU PROVIDED WITH UNDERWRITERS OR PROVIDERS FOR THE PURPOSES OF EVALUATING AND GENERATING INSURANCE QUOATIONS.  WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE CONDUCT OF ANY PROVIDER. WE DO NOT ENDORSE OR RECOMMEND ANY COMPANIES OR INSURANCE POLICIES. WE DO NOT PROVIDE INSURANCE, TAX, LEGAL OR ANY OTHER FINANCIAL ADVICE.

    INFORMATION COLLECTED

    WE COLLECT PERSONAL INFORMATION IN EACH OF THE QUOTE REQUESTS.  THIS INFORMATION INCLUDES THE CONSUMERS’ CONTACT INFORMATION AND ALL QUESTIONS ANSWERED IN THE ONLINE QUESTIONNAIRE.  THIS INFORMATION IS PASSED ON TO A PROVIDER SO THEY CAN GENERATE THE REQUESTED QUOTES.

    We may also share your personal information in response to law enforcement officers, government personnel, court order or subpoena.  This information will only be shared in order to comply with a legal obligation.

    BY CLICKING “SUBMIT” AND REQUESTING AN INSURANCE QUOTE, YOU ACKNOWLEDGE AND AGREE THAT PROVIDERS MAY CONTACT YOU USING YOUR INFORMATION TO PROVIDE YOUR REQUESTED QUOTE OR TO OBTAIN ADDITIONAL INFORMATION NEEDED TO PROVIDE YOUR REQUESTED QUOTES WHERE PERMITTED BY LAW.  WE ARE NOT RESPONSIBLE, AND SHALL NOT BE HELD LIABLE, IF A PROVIDER OR OTHER THIRD PARTY TO WHOM WE HAVE FORWARDED ANY OF THE INFORMATION YOU SUBMITTED TO US VIOLATES OUR PRIVACY POLICY OR SUCH THIRD PARTY’S OWN PRIVACY POLICY (IF ANY), OR OTHERWISE VIOLATES THE LAW.

    BY CLICKING “SUBMIT” AND SEEKING A QUOTE REQUEST, YOU AUTHORIZE AND AGREE THAT A PROVIDER MAY OBTAIN ADDITIONAL BACKGROUND INFORMATION ABOUT YOU TO PROVIDE YOU WITH YOUR REQUESTED INSURANCE QUOTE OR POLICY INFORMATION. FOR EXAMPLE, CONSUMER AND/OR CREDIT REPORTS, OR DRIVING RECORDS, OR OTHER, MAY BE ORDERED IN CONNECTION WITH YOUR QUOTE REQUEST. THESE REPORTS MAY PROVIDE ADDITIONAL INFORMATION THAT MAY ASSIST PROVIDERS IN DETERMINING YOUR ELIGIBILITY FOR INSURANCE, OR OTHER PRODUCTS OR SERVICES, AND RATES THAT YOU MAY BE CHARGED. CONSUMER REPORTS MAY ALSO BE USED FOR UPDATES, RENEWALS, OR EXTENSIONS OF ANY INSURANCE YOU MAY OBTAIN. A PROVIDER MAY ALSO OBTAIN AND USE A CREDIT-BASED INSURANCE SCORE CONTAINED IN YOUR CREDIT REPORT. THIS INFORMATION MAY BE COMBINED BY A PROVIDER WITH INFORMATION YOU SUBMIT TO US, AND BY CLICKING SUBMIT AND SEEKING A QUOTE REQUEST, YOU ACKNOWLEDGE THAT YOU ARE PROVIDING YOUR WRITTEN PERMISSION TO OUR PROVIDERS TO OBTAIN YOUR CREDIT REPORT IF ONE MAY BE REQUIRED B.

    BY PROVIDING ANY PERSONAL INFORMATION TO THIS SITE, YOU FULLY UNDERSTAND AND UNAMBIGUOUSLY CONSENT TO THE TRANSFER OF SUCH PERSONAL INFORMATION TO THIRD PARTIES.

    NOTIFICATION OF CHANGES TO THIS PRIVACY POLICY

    WE MAY, AT OUR SOLE DISCRETION, REVISE THIS POLICY AT ANY TIME IN A MANNER CONSISTENT WITH APPLICABLE LAWS AND REGULATIONS.   WE RECOMMEND THAT YOU REGULARLY VISIT THIS POLICY IN ORDER TO REMAIN INFORMED ABOUT ANY CHANGES THAT WE MAY IMPLEMENT.

    IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, THEN DO NOT ENTER YOUR INFORMATION AND DO NOT CONTINUE WITH THIS PROCESS AND DO NOT PROVIDE YOUR INFORMATION TO TOUGHCOMP.COM.

    SECURITY

    WE MAKE REASONABLE EFFORTS TO ENSURE SECURITY ON OUR SYSTEMS. WE USE SECURE SERVER SOFTWARE AND FIREWALLS AS PART OF OUR EFFORTS TO PROTECT YOUR INFORMATION FROM UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION, OR DESTRUCTION. HOWEVER, PLEASE NOTE THAT THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US AND YOU DO SO AT YOUR OWN RISK.  BY USING OUR SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.

    LIMITATION OF LIABILITY

    IN NO EVENT WILL TOUGHCOMP.COM (“SITE”), FIRST FIDELITY BROKERAGE, INC, (“COMPANY”) OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN PROVIDERS AND PROSPECTS OR BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE COMPANY, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (i) AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU, AND (ii) $25.00 USD.

    THE SITE, INCLUDING INFORMATION ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY SERVICES, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    IN THE EVENT THAT YOU HAVE A DISPUTE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN ANY PROVIDER), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COPMANY, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.

     

    INDEMNITY

    YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE COMPANY IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE WITH A PROVIDER, ANY ACT (OR FAILURE TO ACT) BY YOU OR OTHER USERS OF YOUR ACCOUNT OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. THE COMPANY RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

    CHOICE OF LAW AND FORUM

    YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, ANY SERVICES ON THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OR FEDERAL COURTS OF KINGS COUNTY, NEW YORK, WHICH WILL BE THE SOLE AND EXCLUSIVE VENUE OF ANY LEGAL DISPUTE.  YOU COVENANT NOT TO SUE US IN ANY OTHER FORUM FOR ANY CAUSE OF ACTION.  YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, EXCLUSIVE OF ANY CONTRARY CHOICE OF RULE.